Writing in The New York Times July 21, William Baude said Supreme Court Justice Anthony Kennedy’s majority opinion in Obergefell v. Hodges laid the groundwork for further expanding the legal definition of marriage – even if Kennedy and supporters of gay marriage deny it.

“If there is no magic power in opposite sexes when it comes to marriage, is there any magic power in the number two?” Baude asked. “[T]he issue was hard to discuss candidly while same-sex marriage was still pending, because both sides knew that association with plural marriage, a more unpopular cause, could have stymied progress for gay rights. (Opponents of same-sex marriage had reasons to emphasize the association, while supporters had reasons to play it down.) With same-sex marriage on the books, we can now ask whether polyamorous relationships should be next. There is a very good argument that they should.”